New York A 5801: Prohibits local government action which prevents the enforcement of federal laws

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A05801 Summary:

BILL NOA05801 

&nbsp

SAME ASSAME AS S03649

&nbsp

SPONSORChludzinski

&nbsp

COSPNSRBologna, Molitor

&nbsp

MLTSPNSR

&nbsp

Amd §709, Exec L; add §139-f, Gen Muni L

&nbsp

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

Go to top A05801 Actions:

BILL NOA05801 

&nbsp

02/20/2025referred to local governments

05/28/2025held for consideration in local governments

01/07/2026referred to local governments

Go to topA05801 Committee&nbspVotes:

Committee:LOCAL GOVERNMENTS Chair:Jones 
DATE:05/28/2025AYE/NAY:14/6 Action: Held for Consideration JonesAyeBrownNay

RamosAyeFriendNay

WoernerAyeManktelowNay

JacobsonAyeGallahanNay

ClarkAyeSimpsonNay

ConradAyeBeephanNay

RiveraAye

LevenbergAye

ShimskyAye

ShresthaAye

SchiavoniAye

WiederAye

KassayAye

O'PharrowAye

Go to topA05801 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05801 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5801

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. CHLUDZINSKI -- read once and referred to the
 Committee on Local Governments

 AN ACT to amend the executive law and the general municipal law, in
 relation to prohibiting local government action which prevents the
 enforcement of federal laws

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (s) and (t) of subdivision 2 of section 709 of
 2 the executive law, paragraph (s) as amended and paragraph (t) as added
 3 by section 14 of part B of chapter 56 of the laws of 2010, are amended
 4 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new
 5 paragraph (u) is added to read as follows:
 6 (s) work in consultation with or make recommendations to the commis-
 7 sioner of agriculture and markets in developing rules and regulations
 8 relating to ammonium nitrate security; [and]
 9 (t) develop, maintain, and deploy state, regional and local all-hazard
 10 incident management teams[.]; and
 11 (u) develop a plan, in conjunction with the state police, to determine
 12 whether a county, city, town or village, any agency, office, department
 13 or authority thereof, including a sheriff's department, municipal police
 14 department or district attorney's office is in compliance with the
 15 requirements of section one hundred thirty-nine-f of the general munici-
 16 pal law. Together, the commissioner and superintendent of the state
 17 police shall compile a list of local government entities that are deemed
 18 to be in violation of section one hundred thirty-nine-f of the general
 19 municipal law. This list shall be updated monthly, and shall be
 20 forwarded to the comptroller.
 21 § 2. The general municipal law is amended by adding a new section
 22 139-f to read as follows:
 23 § 139-f. Prohibition against local government action preventing the
 24 enforcement of federal laws. 1. In accordance with articles nine and
 25 thirteen of the constitution, no county, city, town or village, or any
 26 agency, office, department or authority thereof, including a sheriff's
 27 department, municipal police department, or district attorney's office,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07553-01-5

 A. 5801 2

 1 or the governing body thereof, shall adopt any rule, order, ordinance,
 2 local law or policy, either formally or informally, prohibiting or
 3 inhibiting the following:
 4 (a) the compliance with a detainer request issued by a federal law
 5 enforcement agency, pertaining to an individual lawfully detained by the
 6 local government entity; or
 7 (b) the ability of federal law enforcement officials to enter and
 8 conduct enforcement activities at a municipal or county jail, in furth-
 9 erance of their duty to enforce federal laws.
 10 2. For purposes of this section, a "federal law enforcement agency"
 11 includes the:
 12 (